Do Not Steal1, Part 13

In the past months we have discussed various aspects of stealing, involving
taking money or items from other people. What is the law with regard to
borrowing items without permission, but having intent to return them after
use?[2]

The basic law is that borrowing an item without permission is forbidden.
This is the case even when one returns it in the exact condition in which he
found it, uses it only for a short time, and returns it to the exact same
location. According to many authorities, borrowing in this fashion is
considered stealing even when the owner subsequently says that he did not
mind that the item was borrowed without his permission. This is because the
borrower could not be certain at the time of borrowing that owner would not
object.

There are a number of possible exceptions to this law.

1. If the borrower has borrowed this item before from its owner and
therefore knows that the owner is not strict in this regard, it is permitted
to use the item without attaining permission on this occasion. Needless to
say, the borrower should be careful to return the item to its previous
location so as not to make it difficult for the owner to find it.
2. Similarly, even if the borrower has never borrowed this specific item
before, nonetheless, if he knows for certain that the owner will not mind
his borrowing it because of their relationship, then it is permitted.
Accordingly, a person may borrow his brother's ruler, for example, safe in
the knowledge that his brother does not mind.

3. There are a number of items that no one minds when others borrow them.
It is permissible to borrow such an item even from a stranger. Possible
examples of such objects are simple chairs, hangers or washing cups for
which one washes his hands. However, if the borrower is aware of some
factor that may cause the owner to object, he may not use it without
permission. Moreover, it should be noted that it is forbidden to borrow an
item that most people do not mind others borrowing, but a minority do mind.

In the coming article we will discuss a further case in which it may be
permissible to borrow an item without permission.

[1] Much of the information for this essay is taken from "Halachos of Other
People's Money" by Rabbi Yisroel Pinchos Bodner.

[2] Note that we are referring to items that when used do not get used up,
such as a chair or a book. The law with regard to taking items that do get
used up is even more strict.